We’ve chronicled before the danger of so-called “red-flag” laws, many of which allow the government to confiscate firearms from a lawful citizen simply on the word from someone else that the gun owner might be dangerous. Now, a Montana man is fighting to get his guns back after being falsely accused by a former girlfriend in the state of Washington.
Writing at ammoland.com, Gary Marbut, president of the Montana Shooting Sports Association (MSSA), explained how the man became the victim of another’s state’s red-flag statute, even though his home state has a law banning such laws.
According to Marbut, the Montana man called an old girlfriend in Washing to ask a question. After the former girlfriend contacted police saying she felt threatened, a Washington judge entered a temporary restraining order, which, under Washington’s “red-flag” law allows for the confiscation of firearms simply on the accuser’s word. The man’s local police department in Montana, after receiving the order, confiscated all of his firearms—despite the fact that his state of residence doesn’t have a “red-flag” laws.
Things got even worse after that. After the accusing ex-girlfriend recanted her story, the Washington judge dismissed the temporary restraining order. But now, because of various other restrictive gun laws in Washington, the man hasn’t been able to get his guns back.
“Washington has a California-style, 10-day waiting period before a firearm may be transferred,” Marbut explained. “Therefore, the Washington court must wait another 10 days before officially notifying the Montana police department that it may return the victim’s firearms. Meanwhile, the victim has had to engage both a Washington attorney and a Montana attorney.”
To Marbut, the whole ordeal is a travesty because his organization has worked diligently to make sure Montana doesn’t pass a “red-flag” law and other firearms restrictions.
“Notwithstanding the 73 pro-gun laws MSSA has gotten passed in Montana, we have this BS gun control from liberal states leaching across the state line and affecting Montana gun owners,” he wrote. “If you detect that I’m having trouble restricting myself to polite language, you’re right. If you imagine I’m beyond angry, you’re right again.”
As Marbut further explained, because of the order, the man will likely now be a prohibited person under federal law, thus might be committing a felony when getting his guns back.
“If the feds get the notice of dismissal of the TRO, that will NOT cause them to update the guy’s record and remove the ‘prohibited person’ status,” Marbut said. “Getting that done is a heavy lift indeed, and would require hiring even more lawyers. Until recently, it was flat impossible.
Ultimately, the preposterous situation has prompted Marbut to begin drafting legislation for the next session to head off any future similar situations.
Read the full article here